Madras High CourtWP(MD)/19984/2021disposed of

Karupaiah.V v. The Dist.Collector

2021-12-13Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN V.Karupaiah .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, (Office at Othakadai) Melur, Madurai District.

3.The Tahsildar (Madurai South Taluk) Office of the Tahsildar (Madurai South Taluk) Madurai South Taluk, Madurai District.

4.The Superintending Engineer, Public Works Department, Vaigai Drainage Section, Thallakulam, ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made inS.No.159 of Sathya Nagar of Viradhanur, Madurai South Taluk, Madurai District, which is a water body by considering the petitioner's representation dated 30.09.2021 within the time stipulated by this Court. For Petitioner : Mr.N.S.Karthikeyan For R1 to R4 : Mr.B.Saravanan Government Advocate

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.,) This Writ Petition is filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made in S.No.159 of Sathya Nagar of Viradhanur, Madurai South Taluk, Madurai District, which is a water body, by considering the petitioner's representation dated 30.09.2021. 1/3

2.Heard Mr.N.S.Karthikeyan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Government Advocate appearing for the respondents and perused the materials placed before this Court.

3.Pursuant to the earlier direction of this Court, dated 09.11.2021, the Tahsildar, Madurai South, has filed a report, as per which, there are about 134 encroachers, occupying the petition mentioned survey numbers, identified.

4.The learned Government Advocate appearing for the respondents submitted that appropriate action would be taken against the encroachers in the manner known to law to evict them. The learned Government Advocate sought for three months time for completing the legal procedures for evicting the identified encroachers. 5.Accordingly, the third and fourth respondents are directed to initiate action for evicting the encroachers on the water body and to restore the same in the manner known to law, within a period of three months from the date of receipt of a copy of this order. 6.With the above directions, this Writ Petition stands disposed of. No costs.

7.Post the Writ Petition under the caption 'for reporting compliance', after three months.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Collector, Office of the District Collector, Madurai District, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, (Office at Othakadai) Melur, Madurai District.

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3.The Tahsildar (Madurai South Taluk) Office of the Tahsildar (Madurai South Taluk) Madurai South Taluk, Madurai District.

4.The Superintending Engineer, Public Works Department, Vaigai Drainage Section, Thallakulam, +1 CC to M/s.SPL GP ( SR-38841[F] dated 15/12/2021 ) 13.12.2021 KM(CO) GC(27.12.2021) 3P 6C 3/3